RAJ Vs. DALBIR SINGH

JUDGEMENT

(1.) THE wife has filed this first appeal against the order dated 4. 3. 1987 passed by the Additional District Judge, Rohtak whereby the petition filed by her husband under Section 13 of the Hindu Marriage Act (for short the Act) for dissolution of their marriage has been allowed on the ground of desertion.

(2.) DALBIR Singh respondent and Smt. Raj appellant were married according to Hindu rites in Village Baland, District Rohtak and thereafter resided together as husband and wife at Village Chhara. A female child name Neetu was born in the year 1981 out of this wedlock. The husband who is in the Army alleged that Smt. Raj was a short tempered lady and her behaviour towards him and other members of his famiy was insulting from the very beginning and that she never cared for the wishes her husband. It is also alleged that she would often go to her parents house without the permission of the husband and whenever it was objected to she used to rebuke him openly in public. It is further alleged that the appellant without the permission of her husband left her matrimonial home when the husband was away on his posting and went to her parents house. According to the husband, he took the village Panchayats to her parents house thrice to bring her back but she refused to accompany him. It is on the basis of these allegations that the husband filed a petition for divorce under Section 13 of the Act on the ground that the wife had deserted him for a period of more than 2 years and that she treated him with cruelty.

(3.) PLEADINGS of the parties gave rise to the following issues 1. Whether the petitioner is entitled to get a decree for divorce on the grounds taken in the petition ? OPp 2. Relief. After recording evidence of the parties and on a consideration thereof, the Trial Court came to the conclusion that there was no evidence on the record to hold that the appellant had treated the husband with cruelty. As regards the second ground, the Court found that the wife had deserted the husband for a continuous period of not less than two years immediately preceding the presentation of the petition and that she had no sufficient cause for doing the same. Consequently the petition for divorce was accepted and the marriage dissolved on the ground of desertion. It is against this order that the wife has come up in appeal.